New York City’s Water Supply
Case Number: SLS No. 036-99
Title: New York City’s Water Supply, Part I
Case Files: Case (22 pages) | Exhibits (58 pages)
Teaching Note:
Author: Josh Eagle, Case Writer; Barton H. (“Buzz”) Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: The first part of this two-part case study describes the history of New York City’s water supply, leading up to the events of 1995. In 1911, the State of New York had given the City the power to regulate water polluting activities in the counties from whence New York’s water came. Between 1911 and 1990, the City had refrained from using this power to any significant degree. However, a new Federal rule, the Surface Water Treatment Rule (part of the Safe Drinking Water Act), came into effect in 1989. That rule required the City to build a very expensive filtration plant unless it could show that it was in control of human activities in the watershed. The easiest way for the City to demonstrate this level of control was to write and implement strict water pollution regulations for the watershed. However, the watershed counties were vehemently opposed to such regulations, viewing them as roadblocks to future economic development and an assault on local sovereignty. The first part of the case study places the student in the position of a staff attorney for one of New York Governor George Pataki’s chief aides. The student is asked to summarize the situation for the aide and to recommend a course of action for solving the City’s water supply “problem.”
Key Words: New York City, watershed, drinking water, filtration, water quality, consensus, Safe Drinking Water Act, Surface Water Treatment Rule, land use.
Case Number: SLS No. 037-99
Title: New York City’s Water Supply, Part II
Case Files: Case (7 pages) | Exhibits (13 pages)
Teaching Note:
Author: Josh Eagle, Case Writer; Barton H. (“Buzz”) Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: The second part of this two-part case study describes one of the controversies that arose following the “resolution” of water supply problem. In 1995, the parties signed a comprehensive Memorandum of Agreement establishing a plan for avoiding filtration and for resolving future disputes between the parties. The first dispute to arise concerned the City’s interpretation of a State rule regarding installation of septic systems on land having certain slopes. Environmental groups, led by Hudson Riverkeeper, believed the City’s interpretation of the rule on permissible slopes was illegal and would lead to degradation of water quality. The City and the State believed otherwise. The second part of the case puts students in the position of Robert Kennedy, Jr., an attorney for Riverkeeper, who was seeking to challenge the City’s interpretation of the rule on slopes. The students are asked to consider various strategies for challenging the rule and for negotiating future disputes.
Key Words: New York City, watershed, drinking water, filtration, water quality, consensus, Safe Drinking Water Act, Surface Water Treatment Rule, slopes, septic systems, land use.